Proactive Police Management Ch 12

Spoils System
Doling out positions for political support, which became firmly entrenched by 1830
______% of police agency budgets are devoted to personnel costs.
80-90
Pendleton Act (1883)
– Congress passed this act to ban political patronage as the sole criterion for personnel selection, replacing it with a system whereby employees would be selected and retained on the basis of open competition according to experience and ability.
– protected employees against arbitrary discharge or discrimination, especially based on political influence
Police employment in civil service regulated states does not necessarily bring great monetary benefits, but it does provide:
1. job security
2. a pension
3. a generous number of vacation and personal days
Both the _____ and _____ gave Congress the right to enact legislature to enforce the provision of law, which resulted in civil rights legislation in 1866 and 1871 on issue of employment discrimination.
13th, 14th
Civil Rights Act of 1964 (title VII)

It shall be unlawful employment practice for an employer:

1. to fail or refuse to hire or discharge and individual with respect to his compensation, terms, conditions, or privilege of employment based on race, color, religion, sex, or national origin.
2. to limit, segregate or classify his employees or applicants in any way which would deprive or tend to deprive any individual of employment opportunity or otherwise adversely affect his status as an employee because of such individual’s race, color, religion, sex or national origin (Public Law 92-261, Section 703[a])
Title VII was dircted at employers with more than _____ employees, labor organizations with more than _____ members, and private employee agencies.
25, 25
The amendment also established the _______________ as a regulatory agency to oversee compliance with Title VII.
Equal Opportunity Commission (EEOC)
Affirmative Action
A concept applied to personnel administration in which an employer takes positive steps to expand employment opportunities for nonwhite people and women.
What do the steps of Affirmative Action include
1. addressing and abolishing past discriminatory practices
2. soliciting more minority and female applicants from different hiring pools
3. setting goals for the hiring or promotion of underrepresented minorities and women in the organization
Disparate Impact Theory
-Disparate impact is the idea that some employer practices, as matter of statistics, have a greater impact on one group than on another.
-A good example, taken from the first US Supreme Court Title VII case on the topic: When hiring laborers, the employer required applicants to have a high school diploma. The diploma requirement screened out vastly more blacks than it did whites. Therefore, there was a disparate impact based on race, even though there was no intentional discrimination.
Dipping
The term used by qualified whites when they are not considered for employment because of quotas and preferred hiring practices
Charges of reverse discrimination have been made in the following situations:
1. The use of racial preferences to prescribe the selection of candidates who otherwise appear less qualified than rival candidates.
2. The use of preferences for candidates who have not proved that they were the victims of past discrimination.
3. The use of targets and goals to determine the number of nonwhite candidates to be hired on the basis of race.
The Supreme Court struck down the awarding of a contract, ruling that affirmative action plans that crated racial discrimination must meet a strict scrutiny test according to the following practices:
1. There must be a compelling reason why a program was put in place.
2. The plan must be temporary, with a definite end in sight.
Based on experiences and observation in the classroom discussion, affirmative action:
1. It created deep divisions in American society in that many whites could not understand why preferential treatment and quota programs were fair
2. It allowed women and people of various races access to police organizations that hitherto were not representative of their community
3.3. It challenged formal and informal methods of discrimination that had prevented women and minorities from becoming police officers
More than ____% of a police administrator’s time is spent on HR issues.
70
The affirmative action movement of the 1970s resulted in legal attacks on written civil service tests for a variety of reasons:
1. The relationship between the test and the job (often called the attitude behavior relationship in research literature on testing)
2. Content validity of the testing instrument
3. Reliability of test items
The normal range for police applicants is:
21-29
Cooper’s method tests for physical fitness for police recruits included:
1. aerobic power: 1.5 mile run
2. flexibility (range of motion, sit and reach test)
3. Maximum strength (one bench press)
4. Muscular endurance (sit ups)
Physical fitness tests came under fire by the ADA. Depts are required to show the following regarding the PT tests:
1. The relationship between the standard and the job performed by the officers
2. The relationship between the standard and the training required for the basic academy and advanced school
3. The applicability of standards to all members of the dept
The American with Disabilities Act (ADA) (1992)
Prohibits discrimination against disabled people in employment public services, transportation, public accommodations and telecommunications.
How does the ADA define disability?
Any impairment limiting a major life activity. Disabilities include sight, haring, suffering with a disease like AIDS, and disfigurement that does not result in an actual impairment. (alcoholics and recovering drug abusers also are covered)
The issue of residency is related to the questions of:
1. merit and talent versus the need for local knowledge and adherence to local customs that local citizens would have
2. the wish to give preference in the spending of tax dollars to those who provide those tax dollars
What are some of the restrictions on hiring lateral entries?
1. nonuniform retirement systems
2. differences in pay scales for the same position
3. residency requirements
4. nonuniform training for different levels of staffing
5. differences in civil service requirements for the same management level
Polygraph testing
– measures physiological responses to questions
– breathing
– blood pressure
– amount of perspiration
How does having a higher education help one to be a better police officer?
1. developing greater empathy and tolerance
2. helping officers make decisions and use discretion
3. permitting officers to be innovative and flexible
4. enabling officers to cope better with stress
5. helping officers communicate and respond to situations
Sexual harassment consists of the following:
1. the supv demands sexual consideration in exchange for job benefit
2. am employee makes unwelcomed sexual advances toward another employee in the form of pressure for dates, stalking, love letters and calls
3. activities or behavior by one or more employees creates a hostile work environment
The most common screening procedure used at this time is urine testing by way of the
enzyme multiplied immunoassay technique (EMIT)
In 1988, the Federal Drug Free Workplace Act required employers with federal contracts in exces of $25,000 to certify they will provide a drug free workplace through the following:
1. providing publications and education about drug awareness
2. requiring notification to the employer by the employee if he is arrested for criminal violations occurring in the workplace
3. requiring convicted employees to participate in a drug abuse assistance or rehabilitative program
4. notifying employees of possible sanctions that might be taken against them by the company
The book indicated three models for officer secondary employment:
1. officer contract model
2. union contract model
3. dept contract model
The three major issues that restrict employment of the public police:
1. potential conflict of interest
2. threat of the dignity of police as an occupation
3. an unacceptable risk of temporary or disabling injury that would limit their return to duty
Some examples of excessive labor contract provisions:
1. brief court appearance earning 3 or 4 hours in OT
2. standbys earning a min of 3 hrs OT
3. overtime of 15-30 min given for roll calls
4. having all meetings outside the dept charged to overtime
The most vital issues is to have basic records of the following:
– number of overtime minutes
– what the overtime was used for
– officers and units performing the overtime worked
– a daily computerized usage record in a retrievable form
In Stress Management for LE Officers, the four major factors that affect officer’s negative attitudes toward work are:
1. the particular stress they face
2. the extent to which the legal system backs them and rewards them with convictions for the good arrests
3. their zone of stability
their support system
Training and stress management are just as important for supv and managers. Standfest’s four method approach:
1. assessment (ID stressors)
2. planning (remove stressors)
3. action (carry out plans)
4. follow-through evaluate the action)
Recommendations to lower police stress:
1. clear and current policies and procedures concerning the nature of police role ambiguity
2. a consistent expectation by supvs concerning their subordinates, along with a clear two-way feedback system is essential
3. officers and supvs need to have a high tolerance of ambiguity
4. active participation by all authority levels in decision making provides a system of mutual responsibility that continually relieves stress
Supervisors can reduce stress by
1. teaching the officers “verbal judo” (how to use words to control citizen’s behavior)
2. showing the officers the laws that apply and when to use them
3. explaining the nature and characteristics of the particular public they serve